Eileen Brown et al v. Freedom West Homes, Inc. et al

Filing 153

ORDER by Judge Edward M. Chen Denying 149 Plaintiffs' Request to Compel Third-Party Discovery. (emcsec, COURT STAFF) (Filed on 6/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EILEEN BROWN, et al.,
Plaintiffs,

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v.

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FREEDOM WEST HOMES, INC., et al.,

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United States District Court
Northern District of California

Case No. 15-cv-04874-EMC

Defendants.

ORDER DENYING PLAINTIFFS’
REQUEST TO COMPEL THIRDPARTY DISCOVERY
Docket No. 149

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Plaintiffs contend that third-party Kalco Properties Inc. and two of its employees did not

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comply with subpoenas to give deposition testimony and produce documents on June 5 and 6,

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2018. Plaintiffs’ letter omits that the subpoenas were served on June 1, 2018, a Friday. A single

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full business day before a subpoena compliance date is not “a reasonable time to comply.” Fed. R.

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Civ. P. 45(d)(3)(A)(i); see also Gordon v. Sonar Capital Mgmt., LLC, Case No. C 15-80080 LB,

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2015 WL 1227848, at *1 (N.D. Cal. Mar. 15, 2015) (“[C]ourts generally have found that fewer

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than ten days is not reasonable.”). One business day was not reasonable in light of the need to

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designate and prepare a Rule 30(b)(6) witness and review requests for 28 categories of documents,

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let alone search for and produce them.

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This order disposes of Docket No. 149.

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IT IS SO ORDERED.
Dated: June 27, 2018

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______________________________________
EDWARD M. CHEN
United States District Judge